Appeal to the Crown Court

May 15th, 2015

Studypool Tutor

Price: $10 USD

Tutor description

The normal route of appeal is to the Crown court and this is only available to the defence. The defendant has an automatic right to appeal against sentence or conviction (‘point of fact’). At the Crown court the case is completely re-heard by a judge and two magistrates.

As Law Work on Appeal Routes.Magistrates courts appeal routesAppeal to the Crown CourtThe normal route of appeal is to the Crown court and this is only available to the defence. The defendant has an automatic right to appeal against sentence or conviction (point of fact). At the Crown court the case is completely re-heard by a judge and two magistrates. They can confirm conviction, decide it is not proved or vary the decision. In relation to sentence, they can confirm or increase/decrease it.Appeal to the Queens Bench Divisional Court (case stated appeals) These are appeals on a point of law which go the Queens Bench Divisional Court. Both the prosecution and the defence can use this appeal route. The magistrates are asked to state the case by setting out their findings of fact and their decision. The appeal is then argued on the basis of what the law is on those facts; no witnesses are called. The appeal is heard by a panel of two or three High Court judges. This route is only used by the defendant against a conviction, or by the prosecution against an acquittal, when they wish the law to be clarified any appeal by the prosecution has no impact on the defendants acquittal. The appeal is because they claim the magistrates came to the wrong decision because they made a mistake about the law. The Divisional Court may confirm, vary or reverse the decision . From the decision of the Divisional Court there is a possibility of a further appeal to t